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You will write case summaries and bluebook. I noticed a lot of people say they wrote bench memos when they actually wrote case summaries that the judge used as a guide while on the bench. In reality, it is very rare clerks will allow an extern to write a real, full-fledged bench memo (the one that is actually circulated amongst the panel). If you are really, really good, the clerks may allow you to write a memorandum disposition, draft a portion of an opinion, or write an en banc memo (if judge is an active sitting judge).

I wrote a bench memo (edit: I guess it was a "case summary" in the above poster's parlance, although I'm not sure whether circulating them is even the practice on this circuit) and drafted an unpublished opinion. Judge went to bat for me during OCI and also with clerkship apps. Great experience. I'm sure it's judge-specific, though, so your mileage may vary.

I wrote bench memos and drafted summary orders / parts of opinions. There was also a good deal of memo traffic between chambers regarding cases where the outcome was unclear - wrote some memos for that as well. Also read what other clerks wrote and offered suggestions.

FYI, in many circuits, the bench memos are not circulated among chambers. Each chambers writes its own bench memo and keeps it to themselves.

Anonymous User wrote:FYI, in many circuits, the bench memos are not circulated among chambers. Each chambers writes its own bench memo and keeps it to themselves.

Very interesting. In my circuit, one judge would draft the bench memo for a case and circulate it amongst the panel. The other two judges who didn't write the bench memo would also make their own case summary to supplement the circulated bench memo for that case. I guess the case summary I'm talking about could technically be called a "bench memo." After all, it is a memo that is used by the judge while s/he is on the bench.

5) Write my own bench memo. Yes, I actually wrote the bench memo. I accessed the briefs, the lower court record, and researched and wrote the memo. Obviously, the clerks were available for help, but I don’t think this is entirely out of the realm of possibility. As far as sharing bench memos, one circuit I was on they all shared the bench memo from the judge responsible for the case, while in another circuit it varied based on which judge was the lead judge on the case whether they would share their bench memo.

6) Go to events. Seriously, some judges are well connected and go to local legal community events.

7) Observe and take notes at oral argument.

Read cases that were just assigned to chambers and determine whether they should go to oral argument, judicial conference, or summary disposition, and make drafts accordingly.

9) Review and respond to petitions for rehearing en banc.

Probably one of the most rewarding experiences I have had. Highly recommend.